Louisiana Case Commentaries

Contempt as a Remedy for Enforcing Executory Child Support Judgments: Insights from Fink v. Bryant

Date: Nov 29, 2001

Contempt as a Remedy for Enforcing Executory Child Support Judgments: Insights from Fink v. Bryant Introduction Fink v. Bryant, 801 So. 2d 346 (La. 2001), is a landmark case adjudicated by the...

Fraud in Inducement as an Exception to Warranty Waiver in Condominium Sales

Date: Nov 17, 2001

Fraud in Inducement as an Exception to Warranty Waiver in Condominium Sales Introduction J. Elise Shelton v. Standard/700 Associates, 798 So. 2d 60 (La. 2001) is a seminal case adjudicated by the...

State of Louisiana v. Jarrell Neal: Reinforcing Standards on Jury Selection, Specific Intent, and Capital Sentencing

Date: Sep 22, 2001

State of Louisiana v. Jarrell Neal: Reinforcing Standards on Jury Selection, Specific Intent, and Capital Sentencing Introduction The case of State of Louisiana v. Jarrell Neal adjudicated by the...

Affirmation of District Courts' Original Jurisdiction Over Tort Actions: The Michael Wayne Pope v. State of Louisiana Decision

Date: Sep 1, 2001

Affirmation of District Courts' Original Jurisdiction Over Tort Actions: The Michael Wayne Pope v. State of Louisiana Decision Introduction Michael Wayne Pope v. State of Louisiana et al. (792 So. 2d...

Louisiana Supreme Court Upholds Vehicle Forfeiture in Third DWI Offenses

Date: Jun 30, 2001

Louisiana Supreme Court Upholds Vehicle Forfeiture in Third DWI Offenses Introduction In the landmark case of State of Louisiana v. Norman Edwards, the Supreme Court of Louisiana addressed the...

Narrow Interpretation of Noncompetition Agreements under La.R.S. 23:921(C): SWAT 24 Shreveport Bossier, Inc. v. Robbie Bond

Date: Jun 30, 2001

Narrow Interpretation of Noncompetition Agreements under La.R.S. 23:921(C): SWAT 24 Shreveport Bossier, Inc. v. Robbie Bond Introduction In the landmark case of SWAT 24 Shreveport Bossier, Inc. v....

Louisiana Supreme Court Limits Continuing Tort Doctrine in Medical Malpractice: Emphasizes Three-Year Repose Period

Date: May 26, 2001

Louisiana Supreme Court Limits Continuing Tort Doctrine in Medical Malpractice: Emphasizes Three-Year Repose Period Introduction In the landmark case In Re: Medical Review Panel for the Claim of...

Reliability of Anonymous Tips in Establishing Reasonable Suspicion: Insights from State of Louisiana v. Dariel Smith

Date: May 26, 2001

Reliability of Anonymous Tips in Establishing Reasonable Suspicion: Insights from State of Louisiana v. Dariel Smith Introduction The case of State of Louisiana v. Dariel Smith (785 So. 2d 815)...

Unconditional Tender as Acknowledgment: Interrupting Abandonment under Louisiana Civil Procedure

Date: May 16, 2001

Unconditional Tender as Acknowledgment: Interrupting Abandonment under Louisiana Civil Procedure Introduction In the landmark case of James L. Clark v. State Farm Mutual Automobile Insurance Company,...

Establishing Liability and Immunity in Correctional Medical Care: Jackson v. State of Louisiana

Date: May 16, 2001

Establishing Liability and Immunity in Correctional Medical Care: Jackson v. State of Louisiana Introduction Jackson v. State of Louisiana through the Department of Public Safety and Corrections is a...

Defining 'Component Parts' and Restricting Equitable Estoppel in Louisiana Tax Law: Showboat v. Slaughter

Date: May 12, 2001

Defining 'Component Parts' and Restricting Equitable Estoppel in Louisiana Tax Law: Showboat v. Slaughter 1. Introduction In the landmark case of Showboat Star Partnership, Showboat of Louisiana,...

State of Louisiana v. Clifford Deruise: Standards for Aggravating Factors in Capital Sentencing

Date: Apr 28, 2001

State of Louisiana v. Clifford Deruise: Standards for Aggravating Factors in Capital Sentencing Introduction State of Louisiana v. Clifford Deruise, 802 So. 2d 1224 (La. 2001), is a pivotal case...

Supreme Court of Louisiana Upholds Legislative Preemption in Firearms Liability Case

Date: Apr 28, 2001

Supreme Court of Louisiana Upholds Legislative Preemption in Firearms Liability Case Introduction In the landmark case of Mayor Marc H. Morial, and the City of New Orleans v. Smith Wesson...

Establishing Causation in Negligence: Insights from Perkins v. Entergy Corporation

Date: Apr 28, 2001

Establishing Causation in Negligence: Insights from Perkins v. Entergy Corporation Introduction In the landmark case Perkins v. Entergy Corporation, consolidated with Joseph Bujol, III, et al. v....

Establishing Indigency for State-Funded Expert Assistance: Insights from State v. Antoinette Frank

Date: Apr 5, 2001

Establishing Indigency for State-Funded Expert Assistance: Insights from State v. Antoinette Frank Introduction State of Louisiana v. Antoinette Frank, 803 So. 2d 1 (La. 2001), is a landmark decision...

Reaffirmation of Jury Verdict Standards in Negligence Cases: Martin v. Heritage Manor South

Date: Apr 4, 2001

Reaffirmation of Jury Verdict Standards in Negligence Cases: Martin v. Heritage Manor South Introduction Edward Martin, et al. v. Heritage Manor South, et al. is a pivotal case adjudicated by the...

State of Louisiana v. Quincy Broaden: Juror Impartiality and Capital Sentencing Standards

Date: Mar 31, 2001

State of Louisiana v. Quincy Broaden: Juror Impartiality and Capital Sentencing Standards Introduction State of Louisiana v. Quincy Broaden is a pivotal case decided by the Supreme Court of Louisiana...

Clarifying the Objective Standard for Traffic-Related Vehicle Stops in State v. Waters (780 So. 2d 1053)

Date: Mar 13, 2001

Clarifying the Objective Standard for Traffic-Related Vehicle Stops in State v. Waters (780 So. 2d 1053) Introduction State of Louisiana v. Tony A. Waters is a pivotal case decided by the Supreme...

Louisiana Supreme Court Upholds Retroactive Megan's Law Notifications Under Ex Post Facto Analysis

Date: Feb 22, 2001

Louisiana Supreme Court Upholds Retroactive Megan's Law Notifications Under Ex Post Facto Analysis Introduction The case of State ex rel. William Olivieri v. State of Louisiana, consolidated with...

Insurers of Governmental Entities Not Entitled to Personal Defense Under La.R.S. 13:5107(D): Naquin v. Titan Indemnity Co.

Date: Feb 22, 2001

Insurers of Governmental Entities Not Entitled to Personal Defense Under La.R.S. 13:5107(D): Naquin v. Titan Indemnity Co. Introduction Preston Naquin v. Titan Indemnity Co., Iberville Parish...